Insurance & ERISA Litigation Blog
Ninth Circuit Reaffirms Salyers; Rejects Insurer’s Contention That “Non-Waiver” Provision in ERISA Life Insurance Plan Insulates It From Plan Administrator’s/Agent’s Imputed Liability
Sometimes employers offer their employees the opportunity to purchase additional insurance coverage for the employees themselves and for their dependents as part of an employee benefit plan. In such cases,…
The Basics of an ERISA Life, Health and Disability Insurance Claim – Part Fifteen: Interest on an Award of Benefits
In this several-part blog series titled The Basics of an ERISA Life, Health and Disability Insurance Claim, we discuss the basics of an ERISA life, health, accidental death and dismemberment…
In California Appellate Court Victory, McKennon Law Group PC Secures Reversal of Trial Court Decision Transferring Bad Faith Health Insurance Action to Germany
Claimants who have sued insurance companies for wrongful denial of their claims –including health insurance claims – occasionally find themselves faced with a defendant’s motion to dismiss or transfer their…
Why Are Most ERISA Disability Claims Denied?
Why Are Most ERISA Disability Claims Denied? The disability insurance offered through your employer may not be what you think it is. Claims for disability benefits under the Employee Retirement…
What Are the Most Common Disputes Involving Health Insurance Claims?
What Are the Most Common Disputes With Health Insurance Claims? If your claim for health insurance benefits has been wrongly denied, or if you are disputing some other action taken…
When Will Life Insurance Claims be Covered?
Will Insurers Typically Pay a Life Insurance Claim? If a loved one passes away and you are the beneficiary of the life insurance policy, what can you do if your…
Los Angeles Daily Journal Publishes Article on April 21, 2021 by Robert McKennon Entitled “Ruling Clarifies who Qualifies as an ERISA Fiduciary”
In the April 21, 2021 issue of the Los Angeles Daily Journal, the Daily Journal published an article entitled “Ruling Clarifies who Qualifies as an ERISA Fiduciary” written by the…
District Court Finds that Insurer Misinterpreted Key Policy Term in an ERISA Long-Term Disability Plan, Allowing Remand and Award of Attorneys’ Fees
Insurance companies acting as ERISA plan administrators often misinterpret the definition of “disability” when considering a claimant for long-term disability (“LTD”) benefits. In Reyes v. USAble Life, 2019 WL 1549430…
ERISA Claimants Can Make Use of the Futility Exception to the Requirement to Exhaust Administrative Remedies in Limited Circumstances When STD Claim is Denied to Avoid Filing LTD claim
The Employee Retirement Income Security Act of 1974 (“ERISA”) mandates that claimants under an ERISA plan have access to the federal courts. But courts have ruled that prior to litigation,…
The Basics of an ERISA Life, Health and Disability Insurance Claim – Part Fourteen: Motions for Attorneys’ Fees and Costs
In this several-part blog series titled The Basics of an ERISA Life, Health and Disability Insurance Claim, we discuss the basics of an ERISA life, health, accidental death and dismemberment…
